HomeMy WebLinkAboutPIP 93-01; McRoskey, Cecilia, Peter, Guy, & Daniel; 1993-0745430; Public Facilities Fee Agreement/Release, .-
. ’ .e \_
. ’ F~EC~RDING R~UE~TED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CllY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
1245 II Lfoc It 1993-~74S43~ -HOV-1993 10=59 fin
OFFICIAL AECOKDS SAN DIIEG;O COUMTY RECORDER’S OFFICE
Space above this line for Recorder’s use
Parcel No. 213-061-02
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FAClLlTlES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FAClLlTlES DISTRICT NO. 1
THIS AGREEMENT is entered into this 15 day of July t 1923
by and between Ce@lia&cRoskev, Peter K. McRoskey. Guy W. -and
Daniel A. McRoskey
(name of developer-owner)
a individuals , hereinafter referred to as “Developef whose address
(corporation, partnership, etc.)
is 6212 Corte de1 Abeto, Carlsbad, CA 92009
(street) (city, state, zip code)
and the CRY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as “City”, whose address is 1200 Cartsbad Village Drive, Carlsbad, California, 92008-
1989.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit “A”, attached
hereto and made a part of this agreement, hereinafter referred to as ‘Property”; and
WHEREAS, the Property lies within the boundaries of Cii; and
WHEREAS, Developer proposed a development project as follows: 135,000
square foot warehouse building with office
on said Property, which development carries the proposed name of Republic Tool &
Manufacturing Warehouse
Form Approved
ByCityCa~ncilJuly2.1991
Row # 91.194KJH 1 /‘I? 73-J
. .
’ 1246
, and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 15 day of July ,192,
with the City a request for P.I.P.
hereinafter referred to as
“Request”; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public facilities necessary to serve a development will be available concurrent
with need or such development shall not be approved (said element is on file with the City Clerk
and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated
July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City’s
public facilities and services are at capacity and will not be available to accommodate the
additional need for public facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities and services will be
available to meet the future needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to make any such finding without
financial assistance to pay for such services and facilities; and therefore, Developer proposes to
help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public
facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein,
the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an amount not to
exceed 1.82% of the building permit valuation of the building or structures to be constructed in
the Development pursuant to the Request, The fee shall be paid prior to the issuance of building
or other construction permits for the development and shall be based on the valuation at that
time. This fee shall be in addition to any fees, dedications or improvements required pursuant
Form Approved
By Clly Council Juty 2.1991
Iwo + 91.1WH 2
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion 1247
of existing building or structures into condominiums in an amount not to exceed 1.8296 of the
building permit valuation at the time of conversion. The fee for a condominium conversion shall
be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47
of the Carlsbad Municipal Code. Condominium shall include community apartment or stock
cooperative. The terms “other construction permits *, “other construction permit” and “entitlement
for use” as used in this agreement, except in reference to mobilehome sites or projects, shall not
refer to grading permits or other permits for the construction of underground or street
improvements unless no other permit is necessary prior to the use or occupancy for which the
development is intended. Developer shal,f pay the City a public facilities fee in the sum of $598
for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid
prior to the issuance of building or other construction permits for the development. This fee shall
be in addition to any fees, dedications or improvements required according to Titles 18, 20 or
21 of the Carlsbad Municipal Code.
2. The Developer may offer to donate a site or sites for public facilities in lieu of all
or part of the financial obligation agreed upon in Paragraph 1 above. ff Developer offers to
donate a site or sites for public facilities, the City shall consider, but is not obligated to accept
the offer. The time for donation and amount of credit against the fee shall be determined by City
prior to the issuance of any building or other permits. Such determination, when made, shall
become a part of this agreement. Sites donated under this paragraph shall not include
improvements required pursuant to Ties 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to ensure the
consistency of the Development with the Cii’s General Plan. II the fee is not paid as provided
herein, the City will not have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any approval or permit for the
Form Apprwod
By City Counoll J&y 2 1991
Rmo I Ql-194/KJH 3
, \
Development shaH be void. No building or other construction permit or entitlement for use shall 1 2 4 8
be issued until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities
fund for the financing of public facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this and similar public facilities fees
are available.
5. City agrees to provide upon request reasonable assurances to enable Developer
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accommodate the needs of the Development herein described.
6. All obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
7. Any notice from one party to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:
7.1 lf notice is given to the City of personal delivery thereof to the City or by
depositing same in the United States Mail, addressed to the City at the address set forth herein,
enclosed in a sealed envelope, addressed to the City for attention of the Cii Manager, postage
prepaid and certified.
7.2 ff notice is given to Developer by personal delivery thereof to Developer or
by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to
Developer at the address as many have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the benefit of, and shall
apply to, the respective successors and assigns of Developer and City, and references to
Developer or Cii herein shall be deemed to be a reference to and include their respective
Form Approved
6y Clly Council July 21991
Rosa 4’91.1WKJH 4
successors and assigns without specific mention of such successors and assigns. If Developer
should cease to have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor to Developer’s interest in the property shall
have first assumed in writing the Developer’s obligations hereunder.
9. This agreement shall be recorded but shall not create a lien or security interest in
the Property, When the obligations of this agreement have been satisfied, City shall record a
release.
1249
FM Approved
By Clly Camcil July 2.1991
Roso t 91.194KJH 5
1250
State ot California
county 01 San Diea0
o,AugustlS, 1993 bbnme, Shirley A. Johnson . OAW *u* morarcta cl3 'urlom.woT-rulc Daniel A. McRoskey,
personally aopeard Cecilia McRoskey, Peter K. McRoskey, Guy W.McRoskey . rclyISl Q slmsaca
a personally known to me - OA - 0 proved to mo on the basis d w evidona
to k the parsoW whose nam(s) isIn Subscnbad to the within inetru~ wld a-
knowMged to mo that hushutboy l xoa~M the same in his/horlthoir authoritod
crpactty(ios), and that by hir/hWh&
signature(s) on tho im tfla P.-w.
Noky-- ortheentityuponbehatfdwhichthapemn(s)
sANaEGocuJNw acted. executed tha bbufwtt.
WiimyhandandoffkWs8d.
~~~cuuEDBY SKiNUl ;
m-s, I J #’
QConPoaATE :
O-KEW, nn.c SI g PMTNEnfSl
0 ATTORNEY.IN-FACT
a mJsmEt3)
a ElmcA~mTNESS
‘0 QLlMol~oNsEPvAro ’
0 OTHER:
SIGNERISREPRES~: j ryy 0 mmms~ olr snnwrm . . u McRoskev
Peter K. McRoskey @IV W. McRoskey Daniel A. McRoskey
AnsufloNwot*LI*:Ama#3monbrmpn- mrwmmLrOllYm W-dk-mB-. ; THIS CERTIFICATE rlorTypoomocufnaflt : MUST BE ATTACHED TO THE DOCUMENT NumbofdPaga 02dooaunM :
OESCRl8ED AT RIGHT: SiiS)OtlW?Wl-Al#n : 1
’ .
1% ’ 1251 IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER:
By --
Peter K. McRoskey
(print name)
CrrY OF CARLSBAD, a municipal
corporation of the
State of California
BY
~~
MARTIN ORENYA-
for City Manager
(si
(si
(title)
ATTEST:
Lb.&L CA!. L?Ad=Jy
ALETHA L RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY T Deputy City Attorney
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
FormApprwad
ByCltyCouncilJuty2.1921
Fbo ISl-1wKJH
~ . 4 ‘_ . --
.. *
EXHIBIT ‘A
LEGAL DESCRIPTION
Lot 2 of Carlsbad Tract No. 80-34, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10062, filed in the Office of
the County Recorder of San Diego on April 15, 1981 as File No. 81-115130 of Official Records.
Form Approved
ey my oounoil July 2,lQol
Roao I Ql-1wKJH